How Do I Prove Fault in a Car Accident?

The aftermath of a car accident may include contacting the police, visiting your primary care physician, and receiving quotes to repair your vehicle. If your injuries are more severe, a trip to urgent care or the ER may be warranted. While taking care of your physical health should be your priority, collecting relevant information to prove the other driver’s fault is key to a successful insurance claim. In a car accident case, this information will likely encompass a police report, photos and/or video surveillance, and eyewitness accounts of the event. 

At Bamieh & De Smeth, PLC, we believe the accountable party should pay your medical bills and other accident-related expenses. In this blog, our car accident lawyers discuss what circumstances must apply for a party to be found liable and what types of evidence can support such a finding.

Establishing Liability

Liability in motor vehicle crashes is based on one party using less than ordinary care under the given circumstances, known as negligence. Negligence can only be established by providing the following:

• Duty of care: Motorists must exercise reasonable care behind the wheel, including following all traffic rules and regulations.
• Breach of duty: Either through an act or omission, a motorist breaches his or her duty when failing to comply with traffic rules and regulations.
• Causation: The injured party (you) must prove the causal relationship between the motorist’s actions and his or her injuries (actual cause). Additionally, the motorist’s actions must have been the direct cause of the harm you sustained (proximate cause).
• Damages: Due to the motorists’ actions, you must have suffered lost income, medical expenses, and other measurable losses.

Establishing cause is usually the most difficult to prove in motor vehicle accident claims. Since car accident circumstances are often complex, an intervening factor may release the motorist from liability. An intervening factor is an event that occurs after the motorist’s initial action, which obscures which party caused your harm.

At Bamieh & De Smeth, PLC, our car accident attorneys will examine any intervening factors to determine if they affect the motorist’s responsibility in the accident or if the defendant simply uses it as an excuse to be released from liability. 

Police Report

California law requires you to contact law enforcement if you are in a collision that results in injuries, fatalities, or property damage exceeding $1,000. The responding officer will take down basic information related to your accident, including the incident's date/time/location, the parties' names, insurance information, a description of vehicle damage, and who the officer deems responsible for the crash. 

The insurance company will typically request that you submit the police report as part of your claim package. The police report is seen as reliable information since it comes from an impartial party and summarizes all relevant information related to your accident.

Videos and Photographs

Whether it be a dashcam, bodycam, or a bystander capturing the event on a cell phone, a visual depiction of the incident can clarify which party is primarily responsible for the crash. To be admissible in court, footage must be relevant, of a certain quality, and authenticated (established that the video is what it claims to be). 

When video evidence is unavailable, photos of broken fenders, skid marks, and the final resting position of the vehicles can be used to fill in any missing gaps in information. If you have not suffered any serious injuries following the accident, you can take photos of the incident and your location for evidence.

Eyewitness Testimony

An eyewitness who can relay the general atmosphere of the scene before and after the crash, along with what they saw and heard at the scene, can be indispensable in a car accident case. For the witness’s testimony to carry weight, the individual’s credibility must be verified. A witness that provides inconsistent statements (i.e., conflicting testimony between deposition and trial) or has a medically confirmed visual or hearing impairment will lack credibility.

Reach Out to Our Ventura Car Accident Attorneys Today

Pertinent evidence following a car accident is essential to prove your case. At Bamieh & De Smeth, PLC, our Ventura car accident lawyers are dedicated to finding needed evidence to help you collect the compensation that is rightfully yours. If you are curious about the worth of your car accident claim, do not hesitate to speak with our office. To schedule your free case evaluation, contact us online or call today.